NSW Crime Commission v Stock [2024] NSWSC 1659

Supreme Court New South Wales

Medium Neutral Citation: NSW Crime Commission v Stock [2024] NSWSC 1659 Hearing dates: 13 December 2024 Date of orders: 13 December 2024 Decision date: 13 December 2024 Jurisdiction: Common Law Before: Dhanji J Decision: (1) The applicant's motion filed 23 April 2024 is dismissed. (2) The respondent's motion filed 15 August 2024 is dismissed. (3) The applicant is to pay the respondent's costs of the motion. Catchwords: JUDGMENTS AND ORDERS – application for orders setting aside orders made by this Court in 2009 – where substantive proceedings finalised some time ago – substantial lapse of time – restraining orders – NSW Crime Commission –equitable mortgage – request for Court to revisit and review original proceedings – claimed loss to the applicant as a result of the failure to recognise him as a secured creditor – where applicant seeks documentation with respect to the substantive proceedings to "ascertain a clear picture of what exactly happened" – whether Crime Commissioner acted in a manner such that the orders were obtained irregularly, illegally or against good faith – motion dismissed – costs awarded Legislation Cited: Criminal Assets Recovery Act 1990 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Weber v Aquaqueen International Pty Limited; Aquaqueen International Pty Limited v Weber [2013] NSWSC 1181 Category: Principal judgment Parties: NSW Crime Commission (Plaintiff/Respondent on Motion) William John Stock (First Defendant) William Michael Stock (Second Defendant) Robbie Stimpson (Applicant on Motion) Representation: Counsel: GJ Bateman (Respondent on Motion)